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BELGIUM v. PHOSPHATE CHEMS. EXP. ASS'N, INC.

120 A.D.2d 401 (1986)

Fertico Belgium S. A., Respondent, v. Phosphate Chemicals Export Association, Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

May 15, 1986

The limited issue presented on this appeal is whether a buyer's measure of damages for cover under Uniform Commercial Code § 2-712 permits recovery of cover damages in addition to profits realized on a renegotiated sale of the accepted goods in a rising market. We hold that the remedy of cover does not include such profits. Accordingly, we modify the judgment to vacate the award and to remand the matter for a new trial on the...

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